Voluntary Manslaughter - Loss of Control

Question 1

Which statute governs loss of control?

Answer 1

Coroners and Justice Act 2009

Question 2

Which section defines loss of control? What is the definition?

Answer 2

S.54(1):

(a) The killing resulted from D’s loss of control
(b) There was a qualifying trigger
(c) A person of similar age and gender would have acted in the same way.

Question 3

What will happen to s.54 if the attack is revengeful?

Answer 3

S.54 will no longer apply. The D. will be convicted of murder.

Question 4

Which section states that the attack does not need to be sudden?

Answer 4

s.54(2)

Question 5

What does R v. Jewell demonstrate?

Answer 5

An attack that is not immediate suggests the attack was planned.

Question 6

Which section defines qualifying trigger? What is the statutory definition?

Answer 6

s. 55(3)
- arose form D’s fear of serious violence.
- (4) arose from things done or said of extremely grave character, or that provided a justifiable sense of being wronged.

Question 7

What does s.55(6) state?

Answer 7

A qualifying trigger will not exist if the D. incited the violence. And sexual infidelity is not a qualifying trigger.

Question 8

Which case considered sexual infidelity?

Answer 8

R v. Clinton - sexual infidelity is to be considered if integral to the facts of the case.

Question 9

Which section states that, during the objective test, all circumstances will be taken into account?

Answer 9

s.54.
DPP v. Camplin - compared to OR 15 year old.
R v. Hill - compared to someone with a history of sexual abuse.

Question 10

What does s.54(5) state?

Answer 10

The burden is on the prosecution to prove, beyond all reasonable doubt, the defence does not apply.

Question 11

s.54(7) states…

Answer 11

If successful, the conviction will be reduced to manslaughter.